Eric Swalwell under federal investigation over alleged unauthorized nanny hire

Rep. Eric Swalwell, D-Calif., is under investigation by federal authorities over allegations he violated immigration and employment laws to keep a live-in nanny in the U.S. while she lacked work authorization.

U.S. Citizenship and Immigration Services (USCIS) confirmed to Fox News that it has referred the matter to the Department of Homeland Security law enforcement for investigation.

“USCIS has been collecting information on the allegations involving Congressman Eric Swalwell hiring of a Brazilian national as a nanny without lawful work authorization. These allegations are serious… Federal law prohibits employers from knowingly hiring aliens who are not authorized to work in the United States. No employer, including a member of Congress, is above the law. DHS will continue to aggressively enforce statutes to uphold the rule of law and protect American workers,” a USCIS spokesperson said in a statement.

A complaint filed Tuesday with the Department of Labor alleges that Swalwell and his wife, Brittany Swalwell, lied to keep their babysitter, Amanda Barbosa, employed, according to The New York Post.

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In a separate complaint filed in February with DHS by California filmmaker and political activist Joel Gilbert, first reported by The Post, Swalwell is accused of paying his nanny with campaign funds for roughly two years while she allegedly did not have valid work authorization.

“Barbosa appears in numerous social media photos with the Swalwell family throughout 2023 and 2024, indicating continued close association and ongoing childcare responsibilities despite the absence of known lawful work authorization,” the DHS complaint states.
 
Barbosa was first hired by Swalwell — who is running for California governor — in 2021 after coming to the U.S. from Brazil on an au pair visa, according to The Post.

Barbosa was paid $3,914 in campaign funds in 2021 and received $46,930 in 2022, according to Federal Election Commission data.

According to a labor certification application reviewed by The Post, Swalwell began the process of sponsoring Barbosa for a green card in December 2022 as her visa was set to expire.

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Barbosa later enrolled at a community college and was not allowed to work off campus under student visa rules, The Post reported. However, social media photos appear to show her interacting with Swalwell’s children at family events throughout 2023 and 2024.

FEC records reviewed by the outlet show that $52,262 in campaign expenses for “childcare” were reimbursed to Swalwell, which the complaint alleges was a workaround to keep Barbosa employed while she was not authorized to work in the U.S.

The Department of Labor told The Post the labor certification was approved in 2024. In 2025, Barbosa received $38,905 in campaign funds from Swalwell, according to FEC data.

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The complaints surfaced as Swalwell faces separate allegations of sexual assault.

The San Francisco Chronicle first reported allegations from a former staffer, and three additional women later spoke to CNN with misconduct claims.

Swalwell has denied the allegations and faced calls to drop his gubernatorial bid.

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“A lot has been said about me today through anonymous allegations, and I thought it was important that you see and hear from me directly. These allegations of sexual assault are flat-out false,” Swalwell said in a video posted Friday.

“They are absolutely false. They did not happen. They have never happened. And I will fight them with everything that I have.”

Fox News Digital has reached out to Swalwell’s congressional office for comment, as well as the Departments of Labor and Homeland Security and Federal Election Commission.

Fox News Digital’s Madison Colombo and Fox News’ Max Gorden contributed to this report.